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1. [2010] NZEmpC 2 National Distribution Union Inc v Capital and Coast District Health Board [pdf, 37 KB]

   ...it will be unnecessary to alter the wording of a new collective agreement settled subsequently. [6] This 2007 settlement agreement was expressed in the following words: 3) Annual Leave: Clause 10.2.2 It is agreed that to resolve the employer claim to remove the existing section 10.2.2. (“additional week” of annual leave – to avoid any possibility from the employer point of view that it might be seen to provide a total of 5 rather than 4 weeks leave) the section will remain in t...

2. CAC20003 v Cooper [2013] NZREADT 11 [pdf, 59 KB]

   ...[11] In CAC v Ross [2012] NZREADT 4 a client mistakenly paid deposit funds of $6,164 into the defendant salesperson’s personal bank account. The defendant retained part of these funds, transferring only $3,780.67 to the trust account of his former employing agent. The defendant retained the funds on the grounds that he was owed commission in respect of the relevant transaction. We held (at [24]: “The penalty imposed by us must have a deterrent element in order to emphasise, both

3. [2018] NZSSAA 49 (4 October 2018) [pdf, 234 KB]

   ...the appellant has not challenged the Ministry’s ability to recover this overpayment if his appeal fails. Relevant legislation [4] Section 70 of Social Security Act 1964 (the Act) provides that where an overseas pension is a payment which forms part of a programme providing pensions for any one of the contingencies for which pensions may be paid under NZS, and is administered by or on behalf of the Government of the overseas country from which the benefit is received, the overs...

4. [2007] NZEmpC WC 13/07 NZ Fire Service Commission v NZ Professional Firefighters Union [pdf, 85 KB]

   ...Appearances: G C Davenport, Counsel for the Plaintiff Peter Cranney, Counsel and Camilla Belich, Advocate for the Defendant Judgment: 31 May 2007 JUDGMENT OF THE FULL COURT [1] The parties have made what is effectively a joint application for declarations about the way the New Zealand Fire Service (the Fire Service) pays most of its employees for working on public holidays. [2] The employees directly affected by these proceedings are those covered by the collectiv...

5. CAC 2106 v Hu [2024] NZREADT 36 (23 September 2024) [pdf, 143 KB]

   ...(i) the unsatisfactory conduct is more than a minor or technical contravention of this Act or of any regulations or rules made under this Act; and (ii) the order is one that a court of competent jurisdiction could make in relation to a similar claim in accordance with principles of law 4 .… [10] The Committee may make the following orders: 93 Power of Committee to make orders (1) If a Committee makes a determination under section 89(2)(b), the Committee may do 1 or more...

6. Adoption Law Reform Targeted Engagement Report [pdf, 3.6 MB]

   TARGETED ENGAGEMENT: ADOPTION LAW REFORM REPORT Final Report Hāpaitia te ara tika pūmau ai te rangatiratanga mō ngā uri whakatipu. Foster the pathway of knowledge to strength, independence, and growth for future generations. 8 December 2021 Commercial In Confidence CONTENTS Preface 7 Dedication page 1 Introduction and Background 2 Aotearoa New Zealand’s adoption laws no longer reflect our society’s values, cultural expectations, or international best practice 2...

7. Naidu v Devi [2014] NZIACDT 83 (15 September 2014) [pdf, 203 KB]

   ...the substantive decision. The Parties’ Positions on Sanctions The Authority [6] The Authority did not make any submissions on sanctions. The complainant [7] The complainant did not make any submissions on sanctions. Ms Devi [8] Ms Devi claimed she could only pay $100 per month toward any sanctions imposed. She claimed unfairness in the process, as she did not understand the meaning of an oral hearing (though counsel represented her). She said she should not have to refund fee...

8. Khan v Devi [2014] NZIACDT 84 (15 September 2014) [pdf, 203 KB]

   ...the substantive decision. The Parties’ Positions on Sanctions The Authority [5] The Authority did not make any submissions on sanctions. The complainant [6] The complainant did not make any submissions on sanctions. Ms Devi [7] Ms Devi claimed she could only pay $100 per month toward any sanctions imposed. She claimed unfairness in the process, as she did not understand the meaning of an oral hearing (though counsel represented her). She said she should not have to refund fee...

9. Varela v Devi [2014] NZIACDT 85 (15 September 2014) [pdf, 202 KB]

   ...the substantive decision. The Parties’ Positions on Sanctions The Authority [5] The Authority did not make any submissions on sanctions. The complainant [6] The complainant did not make any submissions on sanctions. Ms Devi [7] Ms Devi claimed she could only pay $100 per month toward any sanctions imposed. She claimed unfairness in the process, as she did not understand the meaning of an oral hearing (though counsel represented her). She said she should not have to refund fee...

10. [2009] NZEmpC AC 19/09 Gilbert v The Attorney-General in respect of the CE of Department of Corrections [pdf, 59 KB]

    GILBERT V A-G IN RESPECT OF THE C E OF THE DEPT OF CORRECTIONS AK AC 19/09 28 April 2009 IN THE EMPLOYMENT COURT AUCKLAND AC 19/09 AEC 93/97 AEC69/98 IN THE MATTER OF a claim for damages for breach of employment contract BETWEEN CHRISTOPHER JOHN GILBERT Plaintiff AND THE ATTORNEY-GENERAL IN RESPECT OF THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS Defendant Hearing: 6 & 7 November and 12,14 & 21 December 2006 (Heard at Auckland) App...